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Introduced Version House Bill 3077 History

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hb3077 intr
H. B. 3077


(By Delegates Spencer, Williams, Campbell,
Michael and Perdue)

[Introduced
March 17, 2005 ; referred to the
Committee on Education then Finance.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-21-1 and §18-21-2, all relating to requiring schools to maintain an alternative learning classroom apart from the regular classroom, designed to address children that exhibit disruptive behavior in the classroom; providing that the primary goal for these programs and additional personnel is reintegrating a child back into the regular classroom upon successful completion of the alternative learning classroom curriculum; to require schools to provide and maintain alternative learning classrooms, apart from the regular classroom, designed to address students' disruptive behavior; requiring county boards to form liaisons with law enforcement; health care professionals and mental health community resources in the preparation of programs and curriculum requirements for alternative classrooms; mandating that curriculum requirements include the dangers of tobacco use; providing that alternative classrooms can be no larger than twenty students; requiring that alternative classrooms are implemented in all middle, junior high and high schools; providing that the provisions of this article may not be construed to override particular provisions of this code concerning suspension and expulsion of students; and, directing the State Board of Education to promulgate rules designed as guidelines for county boards to use in developing special classes to address disruptive behavior and violation of school rules by children.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18-21-1 and §18-21-2, all to read as follows:
ARTICLE 21. ALTERNATIVE LEARNING CLASSROOMS FOR CHILDREN WHO EXHIBIT DISRUPTIVE BEHAVIOR.

§18-21-1. Statement of Legislative intent and conclusion.
It is the intent of the Legislature to keep children in school and learning. Toward this end, the Legislature concludes that children who are disruptive to the regular classroom, should be placed in alternative learning classrooms, outside of the regular classroom, where the curriculum requirements are designed to continue the traditional learning process while rigorously addressing the particular disruptive behaviors exhibited by the students who are being served, including anger management counseling and training. In accordance with this expression of legislative intent and legislative conclusion, county school boards are hereby directed to develop and implement a program which includes an alternative learning classroom to meet the needs of children who exhibit disruptive behavior and failure to follow school rules, in accordance with the provisions contained in section two of this article.
§18-21-2. Establishment of alternative classrooms and teaching services for children that exhibit disruptive behavior; State Board to promulgate rules.

(a) The ultimate goal of alternative classrooms as provided in this article, is to reintegrate the children who are served in these classrooms back into the regular classroom, including students with disabilities from which they have transferred, once the particular disruptive behavior is successfully addressed and extinguished so that the regular classroom experience for all students is enhanced. Toward this end, students transferred to alternative classrooms shall be served by the highly qualified classroom teachers to whom they are assigned and shall be provided educational programing while being physically located in the alternative classroom.
The county boards shall seek and secure liaisons with community law enforcement, health care professionals and mental health community resources in the preparation of programs and curriculum requirements to be utilized in alternative classrooms. Anger management and the dangers of alcohol and substance abuse as well as tobacco use, shall be included in the programs and curriculum requirements. The requirement of alternative classrooms applies to all middle, junior high and high schools. No class size may be larger than twenty students. In accordance with the provisions of this article, county school boards throughout the state shall establish and maintain adequate behavior modification capacity, programs and personnel, designed to address behavior problems children may exhibit, while instilling adherence to school rules in alternative learning classrooms: Provided, That this program may not replace special education classrooms.
(b) The provisions of this article may not be construed to override the following provisions of this code concerning the suspension and expulsion of students: Section thirty-three, article two, chapter eighteen; section one, article sixteen, chapter eighteen; sections one and one-a, article five, chapter eighteen-a; article one, chapter sixty-a; section fifteen, article two, chapter sixty-one; or section eleven-a, article seven, chapter sixty-one. Nor may the provisions of this section be construed in any manner inconsistent with the provisions of "No Child Left Behind."
(c) The State Board is hereby directed to promulgate rules in accordance with the provisions of article three-b, chapter twenty-nine-a, designed as guidelines for the various county boards of education to develop behavioral modification treatment capacity, programs and personnel, for children with behavioral problems.



NOTE: The purpose of this bill is to require schools to provide and maintain alternative learning classrooms, apart from the regular classroom, designed to address students' disruptive behavior. The bill provides the primary goal in providing alternative classrooms is reintegrating children back into the classrooms of the teachers of record regular classroom upon successful completion of an alternative class. The bill also requires county boards to form liaisons with law enforcement, health care professionals and mental health community resources in the preparation of programs and curriculum requirements for alternative classrooms, while mandating that curriculum requirements include the dangers of tobacco use. The bill also provides that alternative classrooms can be no larger than 20 students and that the classrooms are implemented in all middle, junior high and high schools. Finally, the bill directs the State Board of Education to promulgate rules designed as guidelines for county boards to use in developing special classes to address behavioral problems of children including the inability or refusal to adhere to school rules.


This article is new; therefore, strike-throughs and underscoring have been omitted.
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